Was ex-Honduras leader Hernandez victim of Biden ‘set-up’, as Trump claims?

As the United States continued its subject run against what the Trump medication calls “narco-terrorists” successful the Caribbean, President Donald Trump announced helium would pardon a erstwhile Honduran president notorious for his engagement successful the US drug trade.

Juan Orlando Hernandez was sentenced successful 2024 to 45 years successful situation aft being convicted of conspiring to administer much than 400 tonnes of cocaine into the US.

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During an speech with reporters connected committee Air Force One connected Sunday, Trump said Hernandez had been “set up” by erstwhile US President Joe Biden’s administration. “If idiosyncratic sells drugs successful that country, that doesn’t mean you apprehension the president and enactment him successful jailhouse for the remainder of his life,” Trump said, without providing grounds of the alleged “set-up”.

Trump inaccurately stated the quality of the erstwhile Honduran president’s apprehension and conviction: the US did not effort Hernandez aft his presidency due to the fact that helium sold drugs successful Honduras, but due to the fact that helium was profoundly progressive successful the transit of illicit drugs into the US.

The concern is uncommon but not without precedent.

The White House framed Trump’s planned pardon arsenic an effort to close a miscarriage of justice. At a December 1 property briefing, White House property caput Karoline Leavitt criticised Hernandez’s three-week assemblage proceedings arsenic being scant connected evidence.

After his conviction, a justice denied Hernandez’s question for a caller trial.

What was Hernandez convicted of?

Hernandez’s presidency ran from January 2014 to January 2022, during which helium told US officials helium was moving to combat cause trafficking. Trump praised his efforts successful 2019.

In April 2022, the US authorities indicted and extradited Hernandez to the US connected drug- and weapons-trafficking charges. On June 26, 2024, District Judge P Kevin Castel sentenced him to 540 months successful situation and 60 months of supervised merchandise for cocaine importation and related weapons offences.

The US Justice Department said Hernandez had financed his governmental vocation with cause trafficking proceeds and had utilized his statesmanlike authorization to postulation hundreds of tonnes of cocaine to the US.

At 1 point, the section said, Hernandez declared that helium wanted to “stuff the drugs close up the noses of the gringos”.

The prosecution included grounds from witnesses, immoderate of them erstwhile traffickers. Documents presented successful the lawsuit said Hernandez facilitated the importation into the US of much than 400 tonnes of cocaine — equivalent to astir 4.5 cardinal doses — moving with coconspirators equipped with machineguns, battle rifles and grenade launchers.

The Honduran subject and the constabulary carried retired orders from transgression groups, according to witnesses successful Hernandez’s trial.

US prosecutors said Hernandez ended up receiving millions of dollars of cause proceeds from immoderate of the largest and astir convulsive drug-trafficking organisations successful Honduras, Mexico and different countries. He past utilized those bribes to substance his emergence successful Honduran politics, which enabled him to support his co-conspirators, prosecutors said.

Hernandez’s brother, Juan Antonio Hernandez Alvarado, a erstwhile subordinate of the Honduran National Congress, received extortion from the authorities nether Hernandez’s leadership. Hernandez besides received millions of dollars from  Joaquin “El Chapo” Guzman, the erstwhile person of the Sinaloa Cartel, prosecutors said.

How was the US capable to effort a overseas caput of government?

Trump said the US singled retired Hernandez due to the fact that helium was the president of Honduras. It is antithetic but not unprecedented for a overseas president to beryllium prosecuted.

Under planetary law, a sitting caput of authorities oregon caput of authorities enjoys “complete immunity” from prosecution successful the courts of different country, said Anthony Clark Arend, a Georgetown University prof of authorities and overseas work who specialises successful planetary law.

However, the restrictions are looser for erstwhile heads of state. Hernandez was weeks retired of bureau astatine his US extradition.

A erstwhile caput of authorities oregon authorities is immune from different country’s prosecution if it is astir actions carried retired successful their authoritative capacity, Arend said. But the US was capable to prosecute Hernandez due to the fact that cause trafficking has historically not been considered an “official” duty.

Because helium was facing drug-trafficking charges, “there would beryllium nary impediment nether planetary instrumentality to trying him, a erstwhile president, for those charges”, Arend said.

Hernandez’s prosecution “seemed to person legitimacy some successful the US and successful Honduras”, said Daniel Sabet, a visiting chap astatine the SNF Agora Institute astatine Johns Hopkins University who studies Central America. “Outside of his halfway supporters, the apprehension was seen arsenic legitimate.”

Such prosecutions are uncommon but not unprecedented, astir notably the lawsuit of Manuel Noriega of Panama.

In 1989, President George HW Bush sent US forces into Panama to prehend Noriega, the country’s leader, aft his indictment by a US expansive assemblage connected drug-related charges. (Noriega’s presumption arsenic caput of authorities was contested successful Panama astatine the time, and his presumption was not recognised by the US.)

After turning himself successful and being extradited to the US authorities of Florida, Noriega was tried and convicted connected 8 counts of cause trafficking, wealth laundering, and racketeering. He was sentenced to 40 years successful prison. The prosecution was upheld by a three-judge appeals tribunal sheet successful 1997, turning speech Noriega’s statement that his presumption arsenic caput of authorities should person preempted his prosecution.

Sabet besides cited the lawsuit of erstwhile Ukrainian Prime Minister Pavel Lazarenko, who was arrested successful the US successful 1999, charged with 53 counts of wealth laundering. He was convicted and sentenced to 3 years successful national prison.

PolitiFact researcher Caryn Baird contributed to this report.